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Purchase of Service_Proudly Accessible DubuqueMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Services Agreement ā€” Proudly Accessible Dubuque During the Fiscal Year 2012 budget process, the Mayor and City Council provided $10,000 for the Purchase of Services Agreement with Proudly Accessible Dubuque. Budget Director Jennifer Larson is recommending execution of the attached contract with Proudly Accessible Dubuque to help make the executive director position a paid position. Proudly Accessible Dubuque assists people with disabilities by helping businesses deal with the requirements of the Americans with disabilities Act. Proudly Accessible Dubuque has provided assistance and support to over 200 Dubuque area businesses and City departments and projects by providing training, fielding questions and concerns from citizens and tourists and actively raising awareness about all manners of accessibility. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM /jml Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jenny Larson, Budget Director vā€” Mic ael C. Van Milligen Dubuque krikil All- America City 1111 2007 June 14, 2011 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director L SUBJECT: Purchase of Services Agreement ā€” Proudly Accessible Dubuque JML Attachment Dubuque kraal NI- America City 2007 June 14, 2011 Attached for City Council approval is the Purchase of Services Agreement with Proudly Accessible Dubuque for Fiscal Year 2012. The adopted Fiscal Year 2012 operating budget reflects a payment of $10,000 to Proudly Accessible Dubuque, for financial assistance to make the executive director position a paid position. Proudly Accessible Dubuque assists people with disabilities by helping businesses deal with the requirements of the Americans with disabilities Act. Proudly Accessible Dubuque has provided assistance and support to over 200 Dubuque area businesses and City departments and projects by providing training, fielding questions and concerns from citizens and tourists and actively raising awareness about all manners of accessibility. It is my recommendation that the City Council approves the attached Purchase of Services Agreement with Proudly Accessible Dubuque, and authorizes the Mayor to execute the contract on behalf of the City. 1. Scope of Service 4. Discrimination AGREEMENT BETWEEN CITY OF DUBUQUE, IOWA, AND PROUDLY ACCESSIBLE DUBUQUE THIS AGREEMENT, dated for reference purposes the 1st day of July 2011, is made and entered into by and between the City of Dubuque, Iowa (City) and Proudly Accessible Dubuque (Agency). WHEREAS, City proposes to provide certain financial assistance to enable Agency to assist people with disabilities by helping businesses deal with the requirements of the Americans with Disabilities Act by helping to find the most practical, common sense solutions; and WHEREAS, City has deemed it to be in the public interest to provide financial assistance to be used to cover general operating expenses of Agency's program. NOW THEREFORE, the parties hereto agree as follows: Agency shall provide, within the City of Dubuque, services related to Proudly Accessible Dubuque which includes assisting people with disabilities by helping businesses deal with the requirements of the Americans with disabilities Act, working with businesses to find the most practical, common sense solutions and act as a resource for business owners about the Americans with Disabilities Act. 2. Time of Performance The term of this Agreement shall be from July 1, 2011 through June 30, 2012. 3. Compensation City shall pay Agency $10,000.00 as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid by City to Agency within ten (10) days after receipt by City of a requisition for such sum from Agency. In carrying out the services under this Agreement, Agency shall not discriminate against any Employee or applicant for employment because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to 1 race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice -ship. Agency assures that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of race, creed, color, religion, sex, national origin, age, sexual orientation, gender identity, or disability. 5. Termination of Agreement This Agreement may be terminated by either party by giving the other party a written, ninety (90) day notice of such termination or upon such other terms as may be mutually agreeable. If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Agency of such termination not less than five (5) days before the effective date of such termination. Assignability The Agency shall not assign or transfer this Agreement or any interest in this Agreement without prior written approval of City. 7. Insurance At the time of execution of this Agreement by Agency, Agency shall provide City copies of Agency's insurance certificates showing general liability, automobile liability, and workers compensation insurance coverage to the satisfaction of City for the term of this Agreement. WITNESS: Ke in irn-4ahl, Acting City lerk 2 CITY OF DUBUQUE Lynn V. Sutton, Mayor Pro -Tem 3 PROUDLE ACCESSIBLE DUBUQUE Wayne Breckon, President of Step by Step